Patna High CourtCR. MISC./52935/2018bail granted

Batkhari Musahar v. The State Of Bihar

2018-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52935 of 2018 Arising Out of PS.Case No. -94 Year- 2016 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================

1. Batkhari Musahar, S/o Nifikir Musahar, Resident of Village- Chaurasiya, P.S.- Mohania, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 395 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons looted ornaments, mobile phones and cash amount from house of the informant at gun point.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the FIR. The petitioner has been made accused on the basis of confessional statement of co-accused. Except for this, there is no other substantial evidence to suggest

Patna High Court Cr.Misc. No.52935 of 2018 (2) dt.20-09-2018 the implication of the petitioner in the present case. There is no recovery of any incriminating articles from possession of the petitioner. The petitioner has not been put on TIP. On behalf of the State, it is submitted that the petitioner's name has come in confessional statement of co-accused. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No. 94 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T